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LECLAIR v. NATURAL RESOURCES BOARD

No. 91-2316.

168 Wis.2d 227 (1992)

483 N.W.2d 278

Daniel P. LECLAIR, Michael J. LeClair, Dean Swaer, Judy Swaer, Todd Ruleau, and Louis J. Ruleau, Plaintiffs-Appellants, v. NATURAL RESOURCES BOARD, and Department of Natural Resources, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 19, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Jon P. Axelrod, Stephen E. Bablitch and William D. Mollway of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., of Madison.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Philip Peterson, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

Daniel LeClair and five other Lake Michigan commercial fishers appeal from a summary judgment dismissing their action against the Wisconsin Department of Natural Resources and the Natural Resources Board. The issues are whether certain rules promulgated by the department: (1) operate to revoke appellants' fishing permits and thus require an adjudicatory hearing under sec. 227.51(3), Stats.; (2) are improperly directed at a closed class; (3) constitute an...

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